Saturday, April 8, 2017

Obama Deep State Operative In The Department Of Justice

The Deep State problem came to the fore after the election of Donald J. Trump as President. Deep State operatives have been predominately Democrats. Samples of their work are the surveillance of then candidate Trump and his advisors, leading of information about that surveillance, leaking by Foreign Service Officers of Trump conversations with world leaders, and targeting Trump himself for investigation. Not many of these operatives have been identified, but out of the way Sacramento has an interesting case. A problem that Attorney General Jefferson Beauregard Sessions, III, can solve, but he hasn't.

United States Attorneys (USA) are the Department of Justice (DOJ) officials responsible for the prosecution of criminal and civil laws in the United States in the various in the United States District Courts. These offices are divided into numerous U.S. Attorney's Offices and are staffed by Assistant U. S. Attorneys who appear in court to prosecute cases or defend the United States in cases. USAs are appointed by the President and confirmed by the Senate, and serve at the pleasure of the President. USAs generally resign when a new President is elected or inaugurated, or wait for a new President to ask for his resignation. President William Jefferson Clinton fired all USAs immediately upon his inauguration. Frequently USAs stay on until a new USA is appointed and confirmed. Generally though, they resign well before that point, and an acting USA is appointed by the Attorney General, generally the First Assistant U.S. Attorney, the senior ranking AUSA in a particular district.

Phillip Talbert, Deep State Operative In The War On Trump?

In an highly unusual move, after the resignation of the USA for the Eastern District of California, Benjamin Wagner in April, 2016, Philip Talbert was appointed first Acting United States Attorney, then appointed by the District Court as the U.S. Attorney.

“Serving as the United States Attorney for the Eastern District of California has been the most fulfilling and exciting experience of my professional career,” Wagner said in a statement issued by his office. “I have the greatest respect for the women and men in this office who seek to do justice each day, and I am proud of all that we have been able to accomplish together.”

Wagner gave no specifics about his decision to leave or his plans, but U.S. attorneys frequently leave their posts when a new president is elected...

Phillip A. Talbert, currently the first assistant U.S. attorney, will take over May 1 as acting U.S. attorney.

As the housing crisis fades into the past, federal prosecutors are filing fewer fraud cases against the mortgage industry and more involving health care. Acting U.S. Attorney Phillip Talbert, the top law enforcement official in a sweeping Central Valley district, has had his hands full with medical fraud cases since assuming his post in May.[Phillip Talbert: Prosecutor Known For Fairness, by Allen Young, Sacramento Business Journal, October 21, 2017]

Importantly, this is still when it was thought all round that Hillary Clinton would be the next President. But between October 21, 2016 and he was appointed by the District Court to be the U.S. Attorney.

Now a defense attorney in the Sacramento area claims in blog post that the appointment came sometime in November, e.g. before the inauguration of President-Elect Trump.

Phil became the Acting U.S. Attorney without any appointment on May 1, 2016. But there's a limit to how long one can be an "Acting" U.S. Attorney. So when that time ran out in November, then-Attorney General Loretta Lynch appointed Phil to be the EDCA U.S. Attorney.

Federal law also restricts how long a person can hold the position on an AG appointment. Later this month, the district court, at the request of the Department of Justice, is expected to appoint Phil as the U.S. Attorney. There's no time limit on a court-appointed U.S. Attorney, so he'll probably serve as EDCA U.S. Attorney until the President appoints a new one. At that time, if Phil is still in the office, he will revert to once again being an Assistant U.S. Attorney because he'll be a court, not a Presidential, appointee. A Presidentially-appointed U.S. Attorney, whether they were an AUSA beforehand or not, does not become an AUSA when a new Presidential appointee arrives and instead must leave the office.

However, Talbert had already at least started using the title USA long before the March 2017.

FRESNO — Martin Carranza-Sanchez, 45, of Mexico, was sentenced Wednesday by U.S. District Judge Dale A. Drozd to a six years and six months in prison and three years of supervised release for conspiracy to commit wire fraud in a scheme to defraud Mexican citizens, seeking to enter the U.S. without documentation, and their relatives living in the United States, U.S. Attorney Phillip A. Talbert announced.[Man Posing As A ‘Coyote’ Sentenced, Porterville Recorder, February 23, 2017]

However, Wikipedia reports that the authority of the Circuit Court to appoint a U.S. Attorney was repealed by the Patriot Act of 2007.

The governing statute, 28 U.S.C. § 546 provided, up until March 9, 2007:

(c) A person appointed as United States attorney under this section may serve until the earlier of—(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or(2) the expiration of 120 days after appointment by the Attorney General under this section.(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

On March 9, 2007, President George W. Bush signed into law the USA PATRIOT Act which amended Section 546 by striking subsections (c) and (d) and inserting the following new subsection:

(c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under section 541 of this title.

This, in effect, extinguished the 120-day limit on interim U.S. Attorneys, and their appointment had an indefinite term. If the president failed to put forward any nominee to the Senate, then the Senate confirmation process was avoided, as the Attorney General-appointed interim U.S. Attorney could continue in office without limit or further action. Related to the dismissal of U.S. attorneys controversy, in March 2007 the Senate and the House voted to overturn the amendments of the USA PATRIOT Act to the interim appointment statute. The bill was signed by President George W. Bush, and became law in June 2007.

Now, just how then did the Deep State bureaucrat Phillip Talbert become the U.S. Attorney without either appointment by the President and confirmation by the Senate? How did a District Court appoint him USA without legal authority. If his term as Acting USA was expiring, why didn't the then Attorney General Loretta Lynch just appoint a new Acting USA from the ranks of the AUSAs in the Eastern District?

A clue can be found in Talbert's Muslimphilia:

In our roundtable discussion at Stanford that focused on religious discrimination in education, we talked about preventing harassment and bullying in our K-12 schools, teaching diversity and tolerance and accommodating religious needs in K-12, and handling conflicts arising from religious expression and the exercise of free association rights in colleges and universities...

My office, as well as those of the other U.S. Attorneys across the country and the Civil Rights Division of the Department of Justice, are charged with enforcing federal laws involving civil rights, hate crimes, and land use issues, including where violations relate to discrimination based on religion. In fact, former U.S. Attorney Ben Wagner and I set up a working group of attorneys in my office focusing resources on cases involving civil rights, hate crimes and human trafficking to ensure that we are giving such cases the priority they deserve. We will always be interested in hearing what challenges people of various faiths face based on their religion and in considering whether egregious facts indicate that violations of federal laws need to be vindicated through a criminal prosecution or civil action.

And by religion, he means Islam, not Christianity. And by civil rights, he means only non-whites and Muslims. You see, despite physical attacks on whites who oppose terrorism and Black crime, Phillip Talbert took no action in such cases as the attacks at the University of California Davis on Milo Yiannopoulos and the vicious assault on a white protester in Sacramento by the infamous Antifa riot leader Yvette Felarca from terrorist group By Any Means Necessary (BAMN). No civil rights charges were investigated or brought by Talbert, despite his apparent concern for "civil rights." To Phillip Talbert, whites and Christians don't have civil rights.

Now, this all comes to a head with the Deep State in the DOJ when the DOJ failed to present proper legal arguments in the appeal of the injunction of the first travel ban order before the 9th Circuit Court of Appeals. Talbert has a long career in the DOJ in California, and it is more than possible that his cronies in the DOJ sabotaged the first appeal arguments the government made in the case in an effort to be #TheResistance to President Trump.

Now this is only a theory, but why hasn't President Trump and Attorney General Sessions told Talbert that his services as USA are no longer needed and a new Acting USA appointed. Surely there are some Republican AUSAs on staff in the USAO for the Eastern District of California? And why hasn't Trump appointed a real USA at that? Deep State Democrats are everywhere and one place to start to clean them out is the Eastern District of California.